44980 Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules habitat. However, the legally binding DEPARTMENT OF THE INTERIOR finding is to be made within 90 days of duty to avoid destruction or adverse receipt of the petition, and the finding modification of critical habitat rests Fish and Wildlife Service is to be published in the Federal squarely on the Federal agency. Register. Furthermore, to the extent that non- 50 CFR Part 17 This finding summarizes information Federal entities are indirectly impacted included in the petition and information because they receive Federal assistance Endangered and Threatened Wildlife available to us at the time of the petition or participate in a voluntary Federal aid and Plants; 90-Day Finding on a review. A 90-day finding under section program, the Unfunded Mandates Petition To List the Thorne’s Hairstreak 4(b)(3)(A) of the Act and § 424.14(b) of Reform Act would not apply; nor would Butterfly as Threatened or Endangered our regulations is limited to a critical habitat shift the costs of the large AGENCY: Fish and Wildlife Service, determination of whether the entitlement programs listed above on to Interior. information in the petition meets the ‘‘substantial information’’ threshold. State governments. ACTION: Notice of 90-day petition Substantial information is ‘‘that amount finding. (b) As discussed in the draft economic of information that would lead a analysis of the proposed designation of SUMMARY: reasonable person to believe that the critical habitat for the ABM, the impacts We, the U.S. Fish and Wildlife Service (Service), announce a measure proposed in the petition may on nonprofits and small governments be warranted’’ (50 CFR 424.14(b)). are expected to be negligible. It is likely 90-day finding on a petition to list the that small governments involved with Thorne’s hairstreak butterfly Previous Federal Action developments and infrastructure (Callophrys [Mitoura] grynea thornei or Callophrys [Mitoura] thornei) as an The Thorne’s hairstreak butterfly was projects will be interested parties or included as a Category 2 candidate involved with projects involving section endangered species under the Endangered Species Act of 1973, as species in our November 21, 1991 (56 7 consultations for the ABM within FR 58804), and November 15, 1994 (59 their jurisdictional areas. Any costs amended. We find the petition does not provide substantial scientific or FR 58982), Candidate Notices of Review associated with this activity are likely to (CNOR). Category 2 included taxa for represent a small portion of a local commercial information indicating the requested action is warranted. which information in the Service’s government’s budget. Consequently, we possession indicated that a proposed do not believe that the designation of Therefore, we will not initiate a further status review in response to this listing rule was possibly appropriate, critical habitat for this subspecies will but for which sufficient data on significantly or uniquely affect these petition. We ask the public to submit to us any new information that becomes biological vulnerability and threats were small governmental entities. As such, a not available to support a proposed rule. available concerning the status of the Small Government Agency Plan is not In the CNOR published on February 28, Thorne’s hairstreak butterfly or threats required. 1996, the Service announced a revised to it. list of plant and animal taxa that were Takings DATES: The finding announced in this regarded as candidates for possible document was made on August 8, 2006. In accordance with E.O. 12630 addition to the List of Threatened and ADDRESSES: The complete file for this (‘‘Government Actions and Interference Endangered Species (61 FR 7595). The finding is available for public with Constitutionally Protected Private revised candidate list included only inspection, by appointment, during Property Rights’’), we have analyzed the former Category 1 species. All former normal business hours at the Carlsbad potential takings implications of Category 2 species were dropped from Fish and Wildlife Office, U.S. Fish and proposing critical habitat for the ABM. the list in order to reduce confusion Wildlife Service, 6010 Hidden Valley Critical habitat designation does not about the conservation status of these Road, Carlsbad, CA 92011. New affect landowner actions that do not species, and to clarify that the Service information, materials, comments, or require Federal funding or permits, nor no longer regarded these species as questions concerning the Thorne’s does it preclude development of habitat candidates for listing. Since the hairstreak butterfly may be submitted to conservation programs or issuance of Thorne’s hairstreak butterfly was a us at any time at the above address. incidental take permits to permit actions Category 2 species, it was no longer that do require Federal funding or FOR FURTHER INFORMATION CONTACT: Jim recognized as a candidate species as of permits to go forward. In conclusion, Bartel, Field Supervisor, Carlsbad Fish the February 28, 1996, CNOR. ADDRESSES On June 4, 1991, the Service received the designation of critical habitat for and Wildlife Office (see a petition dated May 27, 1991, from this subspecies does not pose significant section above), by telephone at 760– David Hogan of the San Diego takings implications. 431–9440, or by facsimile to 760–431– 9624. Persons who use a Biodiversity Project to list the Thorne’s Author telecommunications device for the deaf hairstreak butterfly, Hermes copper (TDD) may call the Federal Information butterfly (Hermelycaena [Lycaena] The primary author of this notice is Relay Service (FIRS) at 800–877–8339, hermes), Laguna Mountains skipper Rob Tawes of the Daphne Fish and 24 hours a day, 7 days a week. (Pyrgus ruralis lagunae), and Harbison’s Wildlife Office (see ADDRESSES section). SUPPLEMENTARY INFORMATION: dun skipper (Euphyes vestries The authority for this action is the harbinsoni) as endangered under the Endangered Species Act of 1973 (16 Background Act. In a Federal Register notice dated U.S.C. 1531 et seq.). Section 4(b)(3)(A) of the Endangered July 19, 1993 (58 FR 38549), the Service Species Act (Act) (16 U.S.C. 1531 et announced its finding on the petition. Dated: July 17, 2006. seq.) requires that we make a finding on We found that the petition presented Matt Hogan, whether a petition to list, delist, or substantial information for the Laguna Acting Assistant Secretary for Fish and reclassify a species presents substantial Mountains skipper, but not for the other Wildlife and Parks. information to indicate that the three butterflies. However, the finding [FR Doc. E6–12317 Filed 8–7–06; 8:45 am] petitioned action may be warranted. To also concluded that other substantial BILLING CODE 4310–55–P the maximum extent practicable, this information existed to support a VerDate Aug<31>2005 18:27 Aug 07, 2006 Jkt 208001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\08AUP1.SGM 08AUP1 sroberts on PROD1PC70 with PROPOSALS Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Proposed Rules 44981 decision that listing may be warranted day finding on the petition to list the Callophrys gryneus thornei and for the other three butterflies, including Hermes copper butterfly will be Callophrys gryneus loki, respectively. the Thorne’s hairstreak butterfly, and published in the Federal Register The petitioner deferred to other announced our intention to continue the separately. experts regarding the appropriate formal status review of these species. In In completing this 90-day finding, the classification, taxonomic rank, of a proposed rule for the Laguna Service has reviewed not only the Thorne’s hairstreak butterfly (i.e., Mountain skipper and Quino information submitted in the petition, species or subspecies). In 2004, the checkerspot butterflies published on but also information in our files. This Service contracted with Dr. Richard W. August 4, 1994 (59 FR 39869), the includes all of the data we had obtained Van Buskirk (Pacific University in Service clarified that the negative 90- prior to the July 19, 1993, not Forest Grove, Oregon) to review the day finding on the Thorne’s hairstreak substantial finding that would have taxonomic status of Thorne’s hairstreak butterfly and the other two butterflies been considered in any internal status butterfly. Following Van Buskirk’s ‘‘was made because sufficient reviews had one been completed, as recommendation (Van Buskirk 2004), information was not available regarding well as all of the information we have the Service recognizes Thorne’s the threats to and biological continued to collect on this species to hairstreak butterfly as the subspecies vulnerability of these’’ butterflies. date. Based on all new information and Callophrys gryneus thornei. Though we have continued and will our analysis below, we have determined continue to collect available data on the that the petition does not present Description Thorne’s hairstreak butterfly and the substantial scientific or commercial Adult Thorne’s hairstreak butterflies other two butterflies, we did not information indicating that listing the are approximately 1.0 to 1.2 inches in complete the status review of Thorne’s Thorne’s hairstreak butterfly may be wingspan (25.4 to 30.5 millimeters) hairstreak butterfly pursuant to section warranted or that a status review or (Brown 1983). The forewings and 4(b)(3)(A) of the Act. status assessment should be conducted. hindwings are rich reddish brown with On October 25, 2004, the Service Taxonomy dark brown shading on the margin. The ventral surface forewing is mahogany received an updated petition to list the Thorne’s hairstreak butterfly (Mitoura brown with traces of lavender Thorne’s hairstreak and Hermes copper thornei) was originally described by overscaling. The males bear well- butterflies as endangered from David John Brown (1983) based on a specimen developed scent pads on the forewings, Hogan of the Center for Biological collected by Fred Thorne in 1972, near and the hindwings are tailed.